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104 articles are classified in All Articles > Awards > Case law

Couple working from home employees, not entrepreneurs: Court

A court has found a husband and wife who performed largely home-based clerical work exclusively for one business before their services were further outsourced were employees rather than contractors because the company had an "undoubted authority to control" the relationship.

Woolworths cleaner claims he's owed $300,000

A cleaner who invoiced as both a sole trader and a company but claims he was an employee is pursuing Woolworths and three contracting businesses for more than $300,000 in underpaid wages and unpaid overtime, annual leave and superannuation he says he should have been paid between 2004 and 2015.

Hiatus strips dismissed employee of award protection: Bench

While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.

Court decides whether worker a priest or a cook

After what the FWO says is the first judicial review of one of its compliance notices, the Federal Circuit Court has found that a cook engaged at a Hindu temple was underpaid because he was wrongly classified as a priest under his employment contract.

Transport award a better BOOT fit for mine haulage drivers

The CFMEU is considering whether to appeal an FWC ruling that it is not entitled to cover drivers using a public road to haul coal from a mine, after it failed to convince the tribunal that an agreement should have been compared to a mining award for the purposes of the BOOT.